Confidential
Settlement – $30,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Gilbert A. Garcia
(Garcia Law Firm)
Experts
Plaintiff
Brian Rosenthal
(technical)
Facts
On Oct. 10, 1998, the plaintiff driver was traveling westbound on Arrow Highway when he entered the intersection of Arrow and Monte Vista Highway. Traveling with plaintiff was his wife, the front seat passenger, and their son, sitting on the rear passenger side. Defendant driver was traveling southbound on Monte Vista, entered the intersection and collided with the plaintiffs' vehicle. The defendant's vehicle was owned by the defendant owner.
Settlement Discussions
The plaintiffs demanded $60,000 at the mandatory settlement conference. The defendants offered $30,000, which was rejected.
Specials in Evidence
$12,877 (plaintiff driver); $8,678 (plaintiff son); $31,534 (plaintiff wife)
Injuries
Plaintiff driver suffered injury to his neck, back, right hip, left knee, right knee, both shoulders, sternum/rib cage and contusions. Plaintiff son was ejected from the car. He sustained scrape injuries to his shoulders and back resulting in scars. He also suffered injuries to his head, shoulders, neck, back, left knee and left wrist. Plaintiff wife was partially ejected from the vehicle. She sustained a partial liver tear, partial spleen amputation, both repaired surgically. She received disfiguring facial scars, including a large keloid, which fused her right lip to her nose. She had keloid scars to her forehead, right cheek and chin.
Result
The trial was bifurcated on the issue of negligent entrustment. At the conclusion of plaintiff's case in chief on the issue of negligent entrustment, Judge James Piatt granted nonsuit on behalf of defendant vehicle owner.
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